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New York Law Journal

Good Faith and Fair Dealing Revisited: The Interplay Between "Sole Discretion" Provisions, Implied Covenants and Fiduciary Duties

In a previous article, Alexander Drylewski analyzed how the New York Appellate Division has treated causes of action for breach of the implied covenant of good faith and fair dealing in the face of a party's contractual right to exercise "sole discretion. In light of the First Department's recent decision in 'Shatz v. Chertok,' the authors revisit the topic and explore the implications of the case.
8 minute read

International Edition

COVID-19 and Force Majeure: French Courts Stick With the Contract

With the outbreak of Covid-19, disputes based on force majeure clauses have increased and this important French ruling has implications for future cases.
5 minute read

New York Law Journal

Surge of Retail Bankruptcies Coincides With the Anniversary of 'Tempnology'

In light of the recent COVID related wave of bankruptcies affecting fashion brands such as John Varvatos and True Religion, the article explores the trends and implications since the one-year anniversary of 'Mission Product Holdings v. Tempnology.'
8 minute read

New York Law Journal

Avoiding Viral Fashion Promotion Malfunctions

Social media promotions can be a great way to market a product and gain market recognition. However, a promotion by Reese Witherspoon and her fashion label Draper James highlights what could go wrong after a seemingly well-intentioned "giveaway" goes astray.
9 minute read

New York Law Journal

'Star Athletica' Three Years On

The 2017 U.S. Supreme Court decision 'Star Athletica v. Varsity Brands' was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.
8 minute read

New York Law Journal

The Evolution Begins In Six Circuits: Disgorgement Without Willfulness

A discussion of recent changes to damages law in trademarks and the likely implications on brand owners.
7 minute read

New York Law Journal

Lessons Learned from the "Retail Apocalypse": Where Fashion Goes from Here

With a specific focus on the bankruptcy cases filed of the last 10 years, the article analyzes the fashion and retail restructurings, identifying patterns from liquidations and repeat restructurings and discusses how fashion and retail companies have turned around their businesses during restructurings or protected themselves during this time.
7 minute read

New York Law Journal

Designs That Say It All: Steps To Protect and Enforce Trade Dress Rights

Sometimes products speak for themselves—red-soled heels (Louboutin), a robin's egg blue box (Tiffany & Co.) and H-shaped belt buckles (Hermès). Brands often seize on the power of design for consumer recognition and take steps to build and maintain trade dress rights. This article explores trade dress issues companies should be thinking about when forming a legal strategy to protect or challenge trade dress rights in their product designs.
8 minute read

New York Law Journal

Managing New Brand Opportunities in a Post-Pandemic World

The COVID-19 crisis has forever changed the way we shop and communicate. After six months of staying at home, consumers have grown accustomed to shopping…
9 minute read

New York Law Journal

Attention Restaurants! Additional Financial Relief Is Coming

Restaurants across the country are being required to significantly limit their "in house" dining capacity, forcing them to increasingly rely on takeout and delivery. Under these conditions, many will not survive the year without government assistance.
5 minute read

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